5-5-08

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BE IT REMBEMBERED, that the White County Commissioners held a regular meeting on Monday, 19, 2008, at 8:00 a.m. in the White County Building, 2nd floor, Commissioners’ Conference room.

Commissioners present were: President John C. Heimlich, Vice President Steve Burton, and Commissioner Ron Schmierer. Also present was the White County Attorney George Loy, White County Auditor Jill Guingrich, and the Commissioners’ Assistant Donya Tirpak.

Commissioner Heimlich called the meeting to order.

MINUTES

Commissioner Schmierer made a motion to approve the minutes as presented for the April 21, 2008, regular meeting, seconded by Commissioner Burton. Vote: Unanimous

PAYROLL

Commissioner Schmierer made a motion to approve the payroll for May 5, 2008, as presented, seconded by Commissioner Burton. Vote: Unanimous

CLAIMS

Commissioner Schmierer made a motion to approve and pay the claims as advertised for May 5, 2008, seconded by Commissioner Burton. Vote: Unanimous

SUPPLEMENTAL AGREEMENT NO.3 FOR 6TH STREET CONSTRUCTION

Commissioner Heimlich said that he has talked to Joe Grinstead, American Structurepoint, and they do have some changes that need to be made on the Supplemental Agreement No. 3. Mr. Grinstead requested that this agreement be put off until the next Commissioners’ meeting on May 19, 2008.

Mr. Grinstead told Commissioner Heimlich that the City and the County needs to get together and amend the inter-local agreement. This needs to be done before the Commissioners act on the Supplemental Agreement No.3.

Commissioner Heimlich said that this agreement has to do with the South section now that they’re, American Structurepoint, engineering the whole project.

Commissioner Schmierer asked how the middle section is coming along. He asked if we had started purchasing the property or not. Commissioner Heimlich said that he doesn’t believe any offers have gone out yet on the middle section. He thinks that they are still in the appraisal stage.

Commissioner Schmierer asked Mayor Jason Thompson how the city is coming along with Ricky Road. Mayor Thompson said that they have the land acquisition completed with the bank and they are still working on a couple of parcels. They now have less than 30 days to get things finalized in order to have construction started for this year. He does not want to see it pushed off to 2009.

WHITE COUNTY HIGHWAY DEPT.

White County Highway Superintendent Steve Brooke asked the commissioners why he was shorted $600.00 on his draws. He asked if this had anything to do with the taxes.

White County Auditor Jill Guingrich said that the settlement still isn’t done yet so she is guessing that he might still receive some money from that. She said that she’s not for sure if the Highway Department gets any from settlement or not.

Mr. Brooke said that he received a spring settlement of $200,000 and it should’ve been around $400,000.

Commissioner Heimlich asked when this settlement is going to occur and why isn’t it done yet? Auditor Guingrich said that they are having issues with GUTS balancing out with the Treasurer’s office. She said that they are close but they still have three precincts, taxing districts, which were off. She said that they can’t move on until all of the numbers match. They are currently working with GUTS to get this resolved.

Commissioner Heimlich said that he has heard a lot from Towns and School Districts about not receiving any money. Auditor Guingrich said that most of them have received most of their money by cash advances or draws but there is still a little bit more money that they will all receive.

Commissioner Heimlich asked if everyone received the same percentage of cash advance because someone was told that there wasn’t anymore money and they didn’t receive any cash advance. Auditor Guingrich said that she would’ve assumed that they all received the same but she wasn’t for sure. She said it could’ve also been when they asked for the money and if there was any available. She said that she will check with Bill Heiny.

Commissioner Heimlich asked how much money hasn’t been distributed yet. Auditor Guingrich believes that the county hasn’t received around 5% - 10%. Commissioner Heimlich said that leaves a lot more money coming to the Highway Dept. for the Cum Bridge fund.

Commissioner Heimlich asked if we have an idea when this settlement is going to occur. Auditor Guingrich said that it should’ve been settled since the beginning of this year and it’s already May. They have been arguing with them to get it fixed so she is hoping that it will be settled by the end of this month.

Commissioner Schmierer said that we should throw them out and find someone that can do it because he has never been impressed with GUTS since day one. Auditor Guingrich said that Bill Heiny hasn’t been very impressed with them either.

Commissioner Heimlich said that it’s time to get the County Attorney involved.

IVY TECH PROJECT – CHANGE ORDER

White County Economic Development Director Connie Neininger presented a change order for some additional work to be done. Connie said that she first presented this to the commissioners at their April 7, 2008, meeting. The change order is for $1,100, which will provide a new masonry wall panel to support the existing construction between Rooms 102 and 125.

Connie also presented a “change order log” detailing what has been submitted to date. First, the commissioners approved the change order for $5,082 which replaced dry wall. Second, the $1,100 which was presented today, and third $162.00 which will be labor and material to add half inch diameter flexible tubing within the west exterior metal framed wall of Room 125. The change order for the $162.00 will be coming within the next two weeks.

Connie informed the commissioners about other change orders that will soon be coming.

Proposal Request 5, Room 106

Additional exit fixtures $ 239.00

Proposal Request 7, Room 122

Additional 5 LF of surface raceway below the upper wall cabinets

along the west wall. $ 645.00

Proposal Request 8, Room 111

Provide extra lengths of surface raceway to the bottom of the existing

Precast concrete roof panel. The horizontal diction of the raceway is to be

Attached to the wood slat panels in lieu of the concrete columns. $1,097.00

Proposal request by Ivy Tech for Room 123

Additional electrical match Room 122

74’ of raceway, 24 recepts, 24 Data outlets, Wire, boxes, hardware

And accessories $4,926.00

Proposal Request for Room 105

Additional 8’ of raceway with divider $ 144.00

Commissioner Schmierer said that he thought that Ivy Tech was going to do a lot of the electrical wiring work to save some money. Connie explained that Ivy Tech is only allowed to do wiring from the outside of the wall. The work inside the walls has to be done by a certified electrician.

Commissioner Schmierer said that he doesn’t want them to get into the habit of spending the money just because it’s there. If it’s a necessity, then he understands, but if it’s somebody’s wish list then he’s not approving it.

Commissioner Schmierer made a motion to direct the electrician to execute the change order as outlined, seconded by Commissioner Burton. Vote: Unanimous

Commissioner Burton made a motion to approve the change order submitted for the supporting wall as discussed last month for $1,100, seconded by Commissioner Schmierer. Vote: Unanimous

MAXIMUS CONTRACT

White County Auditor Jill Guingrich presented a contract from Maximus to the commissioners requesting their approval. She asked if they wanted to sign it for one year or three years.

Commissioner Schmierer asked if this is the contract that he questioned last year because we didn’t even know how much money we have ever gotten back from them for their services. Auditor Guingrich said, “Yes”.

The contract states that the scopes of services that the consultant shall perform are as follows:

Development of a central services cost allocation plan, which identifies the various costs incurred by the County to support and administer Federal and State programs. This plan will contain a determination of the allowable costs of providing each supporting service, such as purchasing, legal counsel, disbursement processing, etc.

Negotiation of the completed cost allocation plan with the representatives of the federal cognizant agency or its designee if required.

Assistance in preparing the claims to the State for recovery of funds due the County from the Federal and State of Indiana governments. Consultant will also monitor the progress of claims through the State to ensure the County receives recoveries due it. Said monitoring is accomplished when the State provides Consultant with a “Remittance Notice” which details reimbursement amounts to each participating county. Consultant will review “Remittance Notice” to verify amount claimed was basis for State remittance.

The cost of the contract is not to exceed $3,200 for each cost allocation plan and associated services required herein, which shall include reimbursement for expenses incurred. If the county agrees to sign the contract for a three year period then the cost will drop to $2,900.

Commissioner Schmierer made a motion to approve the Maximus contract as presented for one year at $3,200, seconded by Commissioner Burton. Vote: Unanimous

HUBBARD’S TENT SALE

Commissioner Heimlich said that he has been contacted by Steve Fine, Hubbard’s, saying that there has been a change in the state law on who signs off on their application sent to the state for them to have a tent sale. Rather than Area Plan signing the application, a County Commissioners must sign off on the paperwork if the dealership is in the county. City dealerships must have their applications signed off by the Mayor.

Commission Heimlich asked for the other Commissioners approval to sign off on the paperwork. APPROVAL WAS GRANTED

HIGHWAY DEPT.

White County Highway Superintendent Steve Brooke said that he had seven of his guys sign up for the two foreman’s positions that he has open.

He has appointed Mike Kyburz and Stu Krintz as the new foreman’s.

RECYCLE

White County Recycling Director Dawn Girard appeared before the Commissioners updating them about a new recycling program with flower pots and soil/mulch bags.

Dawn reported that she was having a problem with the cardboard recycling truck. The truck was slipping in/out of gear so they had to get a rebuilt transmission put into it. The cost of this repair was $4,318.19 which was paid out of the Northwest Indiana Solid Waste District grant money.

Dawn said that they held their 1st Household Hazardous Waste collection day for 2008 and they had about 125 cars that day.

Commissioner Schmierer asked Dawn if the county has always paid liability insurance on the recycling building since we lease it off of Art Segal. Segal’s has always given us a copy of their bill from their insurance company for liability on the building and we have always just paid it.

Dawn said that we do not have a current lease with them because the last lease agreement expired about five or six years ago. She does not have a copy of the original lease.

Commissioner Schmierer asked the White County Attorney George Loy to write a letter to Segal’s to get a lease on that building. Dawn said that the monthly lease payment is $1,500 a month.

PRIVATE TILE – HOAGLAND – LOYD CLERGET

Loyd Clerget appeared before the Commissioners discussing an issue with two of his tiles. At one time, the Area Planning Department had issued a building permit to someone to build a garage over one of his tiles. Mr. Clerget said that his drainage tiles lead to the Hoagland Ditch. Over another drainage tile that he has he said one person never even bothered to received a permit to build a house. When Area Plan found out about it they just fined him and let him keep the house there. The person who built a garage over the other tile has had problems with the floor of the garage caveing in. Mr. Clerget said that he doesn’t have the money to fix this and he would like to have some expertise on how to fix the problem.

Commissioner Heimlich said that he has been out to look at it.

County Attorney George Loy asked Mr. Clerget if it is a tile that he installed, does the tile drain his property, and does the tile go over someone else’s property? Mr. Clerget said that he has no idea when the tile was installed, it’s been there all of his life. Mr. Clerget said that he’s not aware of any easement.

Commissioner Heimlich asked how big the tiles were. Mr. Clerget said that one tile is an 8” and the other was a 6”. He said they come around the guy’s hose and they wind together and they go right straight back through that waterway (600’) to the Hoagland. Mr. Clerget said that it’s washed out 12 to 15’ deep all the way to the Hoagland.

Mr. Clerget said that he didn’t know if he should contact the Soil & Water Department or the SFLECC.

Attorney George Loy said that this was a civil matter.

Commissioner Heimlich agreed that this was a civil matter and said that the Drainage board does not have any jurisdiction over private tile or even over the Hoagland. He said that the Hoagland has its own Drainage board.

County Attorney George Loy advised Mr. Clerget to contact a private attorney because he felt that Mr. Clerget had a prescriptive easement, which is where a person doesn’t have a written easement but they have an easement by operation of law for drainage.

ELEVATORS

Commissioner Burton and Commissioner Schmierer informed County Attorney George Loy that they just received another bill for elevator repairs and they would like for him to put the bid process on his top priority list.

INFORMATION BOOTH – PART TIME SALARY

Commissioner Schmierer asked the other commissioners permission to raise the part time salary rate from $7.00 per hour to $8.00 per hour. The rate has been the same since it’s been open for the past 2-3 years. This money is already in the Commissioners budget to cover the raise.

PERMISSION WAS GRANTED

There being no further business to come before the board, their meeting was adjourned.